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26 Jun 2023, 4:30 am by Jonathan H. Adler
But if an exercise of coercive power matters so much to the Article III standing inquiry, how to explain decisions like Massachusetts v. [read post]
25 Jun 2023, 12:06 pm by Jonathan H. Adler
Judge Sentelle summarized it as follows: Appellants, individual protestors and Black Lives Matter D.C., brought these consolidated actions against federal law enforcement officers, alleging that officers' actions in clearing protestors from Lafayette Park in June 2020 violated their First, Fourth, and Fifth Amendment rights and seeking damages under Bivens v. [read post]
19 Jun 2023, 4:52 am by centerforartlaw
It demonstrated that whether to classify digital assets as securities, commodities, or a separate asset class entirely does not matter to wire fraud charges.[19] In the eyes of law enforcement, NFTs are no exception to the general rule that “you can’t solicit funds for a business opportunity, abandon that business, and abscond with money investors provided you. [read post]
25 May 2023, 1:33 pm by Jonathan H. Adler
" He writes: In sum, we hold that the CWA extends to only those wetlands that are "as a practical matter indistinguishable from waters of the United States. [read post]
22 May 2023, 9:22 am by Jonathan H. Adler
The proper course for the Sixth Circuit after finding that the Board had erred was to remand the matter back to the FDIC for further consideration of petitioner's case. [read post]
15 May 2023, 8:23 am by Jonathan H. Adler
For those interested in more historical perspective on the use of debt ceiling standoffs to pursue other political goals, I recommend this paper from 1993 explaining how "the use of the debt ceiling vote as a vehicle for other legislative matters," had become a "pattern" in the mid-1970s and 1980s, and this Washington Post fact check noting the history of attaching non-budget items to debt ceiling increases. [read post]
6 May 2023, 10:31 am by Jonathan H. Adler
The authors of the report are essentially trying to argue that because MOHELA revenues are higher than they used to be, it does not matter that, without loan cancellation, they would be higher still. [read post]
18 Apr 2023, 2:46 pm by Jonathan H. Adler
., 514 U.S. 645, 661 (1995), to the subject matter preempted by EPCA, the Berkeley Ordinance cuts to the heart of what Congress sought to prevent—state and local manipulation of building codes for  new construction to regulate the natural gas consumption of covered products when gas service is otherwise available to premises where such products are used. [read post]
6 Apr 2023, 10:36 am by Dennis Crouch
Conversely, it would be improper for a district court to permit a matter to proceed to trial on the basis of vague and unidentified theories. [read post]
4 Apr 2023, 2:20 am by Matthias Weller
Explanatory Reports Garcimartín Alférez, Francisco; Saumier, Geneviève „Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters: Explanatory Report“, as approved by the HCCH on 22 September 2020 (available here) Garcimartín Alférez, Francisco; Saumier, Geneviève “Judgments Convention: Revised Draft Explanatory Report”, HCCH Prel. [read post]
25 Mar 2023, 8:05 am by Jonathan H. Adler
The reason is the "'overriding . . . need for a uniform rule of decision' on matters influencing national energy and environmental policy. [read post]
20 Mar 2023, 8:52 am by Jonathan H. Adler
One factor being weighed is how much Delaney's involvement in the brief was just a matter of course in his job. [read post]
20 Mar 2023, 8:34 am by Jonathan H. Adler
The underlying matter was voluntarily dismissed, and Chapman does not contend that she is somehow bound to the judgment below; thus, no unfairness inures from Chapman's loss of the right to appeal. [read post]
16 Mar 2023, 2:26 pm by Samuel Bray
Ct. 1610, 1639 (2007) (noting that "[a]s applied challenges are the basic building blocks of constitutional adjudication") (quoting Richard H. [read post]